6.30.2019

My First Experience With Dengue Fever

My First Experience With Dengue Fever



How I May Have Contracted Dengue


I had to get stitches in my foot back in December 2018 and we had returned to have them taken out in early January. My wife and I suspect that it was during that return trip that my daughter and I contracted dengue fever. We waited a long time for a ride home at the terminal. We have never had to be at that place in the late day when the sun is setting - prime time for dengue spreading mosquitoes to be biting. There was standing water around and the mosquitoes were biting. We thought nothing of it. 

Dengue Begins


We had lived in the Philippines for almost ten years and never had any encounter with dengue. It was maybe two days later that I had a very unusual and sharp pain in my right abdomen. It was very brief, but very intense. There were maybe a half dozen jabs like that over the next couple of days and then nothing. Then after two days of feeling strange and thinking that maybe I was getting a cold the fever hit. It was 10 PM on a Saturday night when I decided to take my temperature and it was 101.5 F. I thought nothing of that, except that I had been right about the cold. I went to sleep as usual. 

The next morning when I woke up I had the worst upper back pain of my life. The fever was still present and I started taking acetaminophen. That was Sunday morning. The pain in my back continued throughout that day and I still presumed that maybe I had the flu. I went to sleep at 10 PM Sunday night and woke up four hours later at 2 AM. At first I did not find this strange. Many times I have awakened like that. But I was not able to get back to sleep, which again I did not connect to the illness as I did that from time to time. 

Our Daughter Shows First Signs Of Dengue


When day broke my wife told me that our daughter had a fever. I presumed that she had caught my cold/flu. It was not too high - only 101 or so. But by around noon the fever was climbing to 103+ and I told my wife to go buy biogesic (acetaminophen), since I had used it all. Our daughter's fever responded well at first to the biogesic and the fever came down to 101 and she was able to sleep. Within an hour or two she awoke and the fever was 104 - then 105. She vomited and I told my wife to call the ambulance. Her temperature reached 106 the last time I took it before the ambulance arrived.

By now it was early evening on Monday when we arrived at the emergency room. ER personnel began tests. I told the doctor that I suspected flu, but the high fever was a mystery. My own illness was on the back burner of my thoughts, but I did start to notice what seemed to be auditory hallucinations - unintelligible voices and such. I also kept hearing the beeping of my daughter's thermometer even though it was nowhere around. Within a couple of hours the doctor had received results of our daughter's blood tests and shocked us with a confirmation of dengue due to a positive IgM test. 

That night we were unable to get a room at the hospital so we were forced to stay in the emergency room. I still did not find my inability to sleep to be strange. I thought that it was just the excitement and worry. 

By Tuesday morning we had a room and our daughter’s treatment was well underway. Perhaps because we had sought treatment early our daughter's condition remained stable and slowly improved. Her platelet count never went below 280. Her potassium was at 3.3, which is a little low, so the doctor began an IV drip to bring it up a bit and to make sure that it did not fall. 

Dengue Would Not Let Me Sleep For Days


It was now Tuesday afternoon and I had been awake for 36 hours. I realized that something was wrong and I requested something for sleep from the ER personnel. They gave me diphenhydramine, which I had taken for sleep in the past. I knew there was a problem when 100 mg of diphenhydramine had zero effect. I returned to the ER desk and asked if they could find a doctor who could see me and possibly give me something stronger. The doctor I visited prescribed Klonopin, but it was no help at all. 

Whether it was the medication or my illness, I was now having visual and auditory hallucinations. I fell asleep briefly in my daughter's hospital room and my wife and daughter told me that had had raised up from my sleep speaking incoherently. The sleep that I was able to get was only brief and not restful at all. I was in the same bad shape and getting worse. 

My Daughter And I Are Both Diagnosed With Pneumonia


By Wednesday morning I still had no sleep since 2 AM Monday and we received notice that in addition to dengue fever our daughter also had pneumonia. By that evening my mind and body were falling apart from lack of sleep and sickness. The nurses looked at me and said that I should see a doctor. When they took my blood pressure it was 150 over 120 - my normal BP is 110 over 70. I could feel myself literally dying with each breath. 

My wife went with me to the emergency room where they preceded to run tests on me. The ECG was fine, but my chest X-ray showed likely pneumonia and my platelets were much lower than our daughter's ever had been. I had the same dengue and pneumonia as our daughter.

Dengue Feels Like Death


I began giving my wife all of the information that I thought she might need if I did not recover - it was that bad. I made her write everything down. 

At some point it struck me that if I could sleep I could beat the sickness or have a fighting chance of doing so. Unless the disease becomes hemorrhagic, much of the effect (to me) seems to have been psychological. It made me think that I would die, but perhaps I could use my mind to fight it. I had to find a way to make myself sleep so my anxiety and my blood pressure could ease. 

Back in our daughter's hospital room I laid down on the metal chairs and tried to make myself sleep. Each time I would start to doze off what seemed like a strong electric shock jolted me awake. My entire body would spasm. This happened several times until eventually I was able to get past it and sleep - but only for a couple of hours. That two hour sleep was a huge victory after almost three days with no sleep. I knew that I could do it again. I went through the same process of trying to relax and visualizing a green pasture or a country road winding through green hills. Not long after I put myself into that place the sleep came. Again it was only a couple of hours but it was enough to refresh me. 

Recovery And Looking Back


Fortunately for our daughter and me, the dengue never turned hemorrhagic. We both were able to go home with courses of antibiotics for the pneumonia. Our daughter's recovery was uncomplicated and she was back to normal within two weeks. For me the sleep disturbances continued for months and I still have problems with insomnia, tinnitus, and electric shocks that I blame on the dengue. 

Dengue was one of the most unusual experiences on my life. I have no memory of much of it. I came as close to death as I ever have or at least felt that I had. In the worst of it the whole world seemed to be melting and me with it. I felt like I was in that Dali painting. I lost all track of time. There are a lot of gaps in my memory of those days. What is more concerning to me is that I had to wander around a strange place buying meds and supplies while my wife was with our daughter in the hospital. I remember trying to communicate with people and how they looked at me and responded to me. I am lucky that no one took advantage of my weakened and delirious state. 

The experience made me hyper aware of how close death is at all times. Death can come from the smallest things - things we never suspect of being the end of us here. It makes me see most of what people are doing as being so vain and meaningless. Without love you have nothing at all.  Without people to love and who love you back you have no life worth living.

And in an instant the ones you love can be taken from you forever. 

Or you can be taken from them.

6.26.2019

Laws On Cutting Trees In The Philippines

Laws On Cutting Trees In The Philippines



 


Disclaimer


Nothing you read here is to be taken as legal advice or professional guidance. This is our personal experience that we are sharing with you. If you see something in this post that is incorrect or if you want to add something, then let us know through the comment section at the bottom of this article.

Table Of Contents


Our Personal Experience With Tree Cutting In The Philippines


We have had to deal with tree cutting at different points in the building and maintaining of our home and property. The land only had a handful of coconut trees that needed to be cleared. This was easy to do, as the land had been converted to residential vs. agricultural use and thus the removal was allowed under RA 10593 upon payment of the required fees per tree in order to obtain a permit from the PCA (Philippine Coconut Authority). In other cases the permit issuing authority may be delegated to the barangay.

We used other local trees in the construction of our home. Permits for cutting those trees were obtained from the barangay. None of those other trees were "premium species," which shall be discussed in detail later in this post.

After a few years living here another tree issue grew up. One of the neighbor's trees began to threaten our electric cable. The power co-op said that they were only responsible for trees that encroach upon the main cables
. The co-op informed us that it is the customer's responsibility to deal with trees that threaten cables in the local loop (from the pole to the house). The Major update on Anti-Obstruction Law at the end of this article addresses this issue and if we had the same problem today it would turn out differently. This particular cable threatened not only our power line, but also the power line feeding the barangay streetlamps. The tree was also overhanging a main road and presented a hazard to anyone passing by. We had discussed the danger with our neighbor and the possibility that if the tree came down that it could take down two power lines and possibly cause a traffic accident or electrocute people nearby. Ultimately, the barangay pitched in to help with removing the offending tree. 

REPUBLIC ACT NO. 386 THE CIVIL CODE OF THE PHILIPPINES addresses this specific issue:
Article 483. Whenever a large tree threatens to fall in such a way as to cause damage to the land or tenement of another or to travelers over a public or private road, the owner of the tree shall be obliged to fell and remove it; and should he not do so, it shall be done at his expense by order of the administrative authorities. (390a)
According to the above law, since public safety and a public road is involved the barangay should get involved to help resolve the problem. And they did.

RA 386 goes in to detail regarding trees that affect adjoining properties:

Article 679. No trees shall be planted near a tenement or piece of land belonging to another except at the distance authorized by the ordinances or customs of the place, and, in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted.

Every landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted.

The provisions of this article also apply to trees which have grown spontaneously. (591a)

Article 680. If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property. (592)
The enforcement of these articles seems to be the burden of the affected property owner. Take note of the very specific wording: the owner of the adversely affected property has "the right to demand," yet nothing is said about the owner of the offending tree(s) having a responsibility or legal obligation to respond to the demand. The only real power that the adversely affected owner seems to have other than demanding something is to cut roots that actually cross the property line. 

Article 680 does not explicitly state that you can cut the branches of your neighbor's tree without permission if they are overhanging your property (I would get permission in writing). This may be due to the fact that it may be necessary to access the property that the tree is growing on in order to make a proper cut. If the owner of the property that limbs overhang prunes limbs to the property line it may actually create a more dangerous tree and potentially leave that person open to liability if this is done without permission from the owner of the tree. In many cases cutting limbs at the property line may damage a tree, make it unstable or create a wound that allows pests and disease to enter.

Cutting the roots can cause at least as much damage to a tree as cutting the branches (including creating a hazardous tree). Perhaps the owner of an encroached property is given the specific right to cut roots and not branches because roots have the potential to be more damaging to the structural integrity of a building and are more of an physical threat to a structure (even if the fruit of such a threat might be years in the future). Tree roots are a known cause of subsidence due to soil displacement, particularly in clay soils when roots infiltrate and consume moisture causing clay soils to shrink. This same problem can affect concrete walls. The concrete block septic systems used in the Philippines are also susceptible to root infiltration. Pipes and concrete walkways are also vulnerable. 

Another reason why Philippine law might view roots and limbs differently might be due to the fact that roots occupy real estate in a semi-permanent fashion. People often plant trees right on the property line and over time the tree line moves. This often produces the belief in the tree owners that the property line should also move and they will fight for it. Be watchful for this scenario especially if your property is not yet fenced.

RA 386 provides land owners with the explicit right to enclose their property with a physical fence/wall:
Art. 430. Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon.
Tree roots are capable of depriving a land owner of the right to enclose their property, destroying existing fencing and creating a substantial encroachment on property. If you have first hand experience dealing with the invasive buttress roots of mahogany and other types of trees, then you understand how detrimental they can be to a property line and any fencing that may be constructed upon it. 

In spite of the fact that Article 680 gives property owners the right to cut encroaching roots doing so can cause a healthy tree to become a serious threat to life and property. In such cases the entire tree may need to be cut down and not just the roots and from this point we venture into various problematic scenarios. I can see how this situation can cause a lot of conflict among neighbors.

I cannot advise anyone what to do, but I can tell you what we might do if a neighbor's tree(s) were threatening to fall on our property or if their branches were damaging or threatening to damage our house:
1. Talk to the neighbor. This is always the first step.
2. Talk with a barangay official. If we cannot work it out with the neighbor, then we may have to escalate the matter to the barangay. What if the the person with whom we are having issues is a Barangay official or is related to them?
3. Talk to DENR. We might be able to get a permit from DENR or even the barangay to cut problem trees and or overhanging branches (not a good idea to just cut branches without proper notification of the tree owner).
4. If all else fails and it really matters, then it might be time to consult an attorney.
5. We would complain as soon as a problem arises and not allow time to drag because silence is consent and tree problems only grow larger with time.
6. We would document every action we undertake to resolve the issue including who we talk to, when we talked to them and what was said.
If a tree is an immediate threat to persons or property due to the possibility that it may fall, then it is subject to Article 483 of the civil code. Otherwise, diplomacy might be the best tool to keep your neighbor's tree away from the property line. And getting what you require from your neighbors may take a lot of diplomacy. It is a good idea to maintain a good relationship with every owner of property that adjoins yours, though this is not always possible. 

DENR: Go-To Authority For Tree Cutting Questions


Before you cut trees you need to speak with the local DENR (Department of Environmental and Natural Resources) office. This is true whether you are the owner of the trees in question or if your neighbor has agreed to remove trees that are in some way encroaching your property. 

The local offices of DENR are called CENRO (Community Environment and Natural Resources Office). After you explain the situation to them they can inform you of the laws and regulations and tell you what permits you need and who can issue them to you.

On many occasions, permit issuance is delegated to the barangay level. 


Coconut trees are a separate issue and are addressed later.

If a neighbor's tree was damaging our property and or was a potential threat we may contact DENR. DENR may be willing to issue a permit to cut down or trim the tree(s).

Although the requirements of such a permit might vary, this list is good for conveying the general idea:
1) Letter request addressed to Director of your local DENR, NCR (letter must state reason for cutting the tree(s))
2) Government issued identification of the requesting party
3) LGU Endorsement/Certification of No Objection (Municipality and Barangay) (must state "no objection" not "approve")
4) Copy of Transfer Certificate of Title (or OCT as applicable)
5) Photo(s) of Tree and any damage that the tree may be causing to the property
6) Sketch Map showing the location of the Tree(s)
Additionally:
1) The person requesting the tree(s) to be cut is responsible for acquiring a licensed contractor to cut the tree(s) upon issuance of permit.
2) If the person requesting the tree(s) to be cut is not the owner of the affected property, then DENR may or may not accept a signed and notarized copy of power of attorney.
3) The person requesting the tree(s) to be cut may be required to plant seedlings.
4) DENR may need to inspect the location. 
Be prepared for more or less in the way of documentary requirements.

Once documentary requirements have been met and all documents have been presented to CENRO the general process for receiving the permits is as follows:
  • Receive Payment Order
  • Pay inventory fee (P1,200/hectare) for planted and naturally growing trees but no payment required for less than 20 trees or if inventory will be conducted by the customer
  • If Inventory undertaken by customer:
    • Timber Inventory/Inspection Report with Tally Sheet/Stand and Stock Table, and Pictures
    • Tree Charting Map
The way that this process is worded it appears, to me at least, that if there are less than twenty trees that no timber inventory is required. 

The information given above is only to give the reader an approximation of what is required. The process and requirements for a specific case may be simpler or more complicated. This is why I reiterate that it is necessary to discuss the specifics with CENRO.

A more detailed explanation of general permit requirements is available on the DENR website.

Laws Regulating Cutting Of Coconut Trees

 

In the case of coconut trees the PCA issues the permit. The Coconut Preservation Act of 1995, RA 8048, regulates the cutting down of coconut trees. This regulation was amended by RA 10593.

Sec. 4 describes the exceptions to the prohibition on cutting down coconut trees. There are several, but the two that are most pertinent to expat circumstances are cases #1 and #2:
1) in the case where the tree poses a threat to life and or property 
When any tree becomes a threat to life or property it falls under Article 483 of RA 386, discussed earlier in this post. In every case I would involve the appropriate government agencies before action is taken to assure that all necessary permits are in order and no laws are broken. 
2) in the case where the property has been converted to residential, commercial or industrial type land use
In the case of conversion of land use type, this can be done through the municipal assessor. When you convert the land to residential use you then need to pay the amended fee of P100 per tree and, as the regulation states, since the land has been converted to residential you are exempt from the replanting requirement.

Premium Tree Species


For years I have heard a lot of rumors about "premium trees." Many individuals I have spoken with have various ideas about what trees are included within the definition of the term. Frequently narra and mahogany come up and the Benguet Pine. Some mahogany species found in the Philippines are not native and are increasingly seen as invasive and having a negative impact upon native species within the environment. The toona calantas (aka kalantas & Philippine Cedar) is listed in the table below as a premium species. Toona calantas is native to the Philippines and toona is a genus within the mahogany family.

The earliest record I could find on the regulation of the permitting of the cutting of premium trees is a DENR Administrative Order No. 78 from 1987 that allows cutting premium hardwood trees on private land. This document lists twenty species of tree as premium hardwood species.

In 1992 the DENR issued Administrative Order No. 46 that delists acacia as one of the premium hardwood species.

Below I have provided a table showing the common and scientific names from the 1992 DENR list of premium trees:


Common name
Scientific Name
Common Name
Scientific Name
narra
Pterocarpus indicus
banuyo
Wallaceodendron celibicum
molave
Vitex parviflora
batikuling
Litsea leytensis
dao
Dracontomelon dao
betis
Madhuca betis
kamagong
Diospyros blancoi
bolong-eta
Diospyros pilosanthera
ipil
Intsia bijuga
kalantas
Toona calantas
akle
Albizia acle
lanete
Wrightia pubescens
apanit
Mastixia macrocarpa
lumbayao
Heritiera javanica
sangilo
Pistacia chinensis
supa
Sindora supa
Philippine teak
Tectona grandis
tindalo
Afzelia rhomboidea
manggis
Koompassia excelsa




Since this list is taken from a document that was issued almost 30 years ago it is possible that other names have been added to or taken from the listing. I hope to update this post with a more recent list when I can find one. 

Ordinary Trees & Other Forest Products


Other "forest products" and trees that are not among the premium trees listing are still regulated and permits may still be required for cutting and or clearing them from private land.

The term "forest product" is defined in Presidential Decree 705 Section 3:

q) Forest product means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical, recreational and geologic resources in forest lands.
The same document/section also defines what is meant by forest lands:
d) Forest lands include the public forest, the permanent forest or forest reserves, and forest reservations.
Sec. 68 of PD 705 sheds light on an expanded definition of "forest products" to include materials defined in Sec 3(d) as pertaining to those same products when found on private lands:
SECTION 68. Cutting, Gathering and/or Collecting Timber or Other Products Without License. — Any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit, shall be guilty of qualified theft as defined and punished under Articles 309 and 310 of the Revised Penal Code:
Provided, That in the case of partnership, association or corporation, the officers who ordered the cutting, gathering or collecting shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation.
"Any person who shall cut, gather, collect, or remove timber or other forest products...from private lands..."

If nothing else, the above statement should give any person pause before they go out to cut down any plant on their land in the Philippines. Talk to the local DENR first. This applies doubly to foreigners, as the latter part of Sec. 68 states that in addition to any jail and monetary penalties a foreigner shall also be deported without the opportunity for any hearing before the Commission on Immigration and Deportation.


Chainsaw Ownership Is Regulated In The Philippines


It is not only the cutting of trees that can get you into hot water in the Philippines. Being in possession of a chainsaw can also attract unwanted attention.

R.A. 9175, otherwise known as the Chainsaw Act of 2002 regulates the ownership of chainsaws in the Philippines:
Section 5. Persons Authorized to Possess and Use a Chain Saw. - The Department is hereby authorized to issue permits to possess and/or use a chain saw for the felling land/or cutting of trees, timber and other forest or agro-forest products to any applicant who:
(a) has a subsisting timber license agreement, production sharing agreement, or similar agreements, or a private land timber permit;
(b) is an orchard and fruit tree farmer;
(c) is an industrial tree farmer;
(d) is a licensed wood processor and the chain saw shall be used for the cutting of timber that has been legally sold to said applicant; or
(e) shall use the chain saw for a legal purpose.
Sec. 5(e) might be used by an individual private landowner (or perhaps their foreign spouse) to obtain license for a chainsaw for personal use.

Sec. 6 states that license is valid for two years for a commercial licensee and five years for noncommercial licensees. Do not forget to renew the license or you are in violation of the law.

Sec. 7  describes penalties:
(a) Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chain Saw Without a Proper Permit. - Any person who sells, purchases, transfer the ownership, distributes or otherwise disposes or possesses a chain saw without first securing the necessary permit from the Department shall be punished with imprisonment of four (4) years, two (2) months and one (1) day to six (6) years or a fine of not less than Fifteen thousand pesos (P15,000.00) but not more Thirty thousand pesos (30,000.00) or both at the discretion of the court, and the chain saw/s confiscated in favor of the government.

(4) Actual Unlawful Use of Chain Saw. - Any person who is found to be in possession of a chain saw and uses the same to cut trees and timber in forest land or elsewhere except as authorized by the Department shall be penalized with imprisonment of six (6) years and one (1) day to eight (8) years or a fine of not less than Thirty thousand pesos (P30,000.00) but not more than Fifty thousand pesos (P50,000.00) or both at the discretion of the court without prejudice to being prosecuted for a separate offense that may have been simultaneously committed. The chain saw unlawfully used shall be likewise confiscated in favor of the government.
Even if you are allowed to obtain a licensed chainsaw is it really worth the risk and trouble of having one? There are a lot of ways to run afoul of the law by owning a chainsaw. 

And section 7 closes out with this admonition:
If the violation under this Section is committed by or through the command or order of another person, partnership or corporation, the penalties herein provided shall likewise be imposed on such other person, or the responsible officer(s) in such partnership or corporation.
If you hire someone to cut down the trees and there is no proper permit, then both of you are on the hook for any laws broken. Even if you are not the owner of the chainsaw you still commanded the person doing the cutting without doing your due diligence to make sure that they were following the law. 

Avoid Harming Trees


Presidential Decree No. 953 mainly deals with planting of trees on public lands and in subdivisions (requirements for developers), as well as prohibition against cutting or damaging vegetation in such areas. This law would not generally touch an expat - unless, for example, you were to run your vehicle by accident into a tree on public land. Otherwise, I would trust that most expats do not go out chopping trees down on public land in the Philippines. Honestly, if you are that bored, then it's way past time to go home.

PD 953 and Republic Act 3571 have been cited in cases where campaign materials have been nailed or otherwise illegally affixed to trees. 

Anti-Obstruction Law Has Passed 


There are many stories about persons who plant fast growing trees under major main power lines with explicit intent to disrupt power. Major blackouts have been caused in the Philippines due to this behavior and this is the cause for the newly passed Republic Act 11361 known as the Anti-Obstruction Law. I have included some relevant parts of the new law below.

Section 5 defines the creation of an easement along the path of the "power line corridor":

Power Line Corridor. – The land beneath, the air spaces surrounding, and the area traversed by power lines including its horizontal, vertical, and similar clearance requirements shall constitute the power line corridor, which shall at all times be kept clear and free from any power line obstructions, dangerous structures, hazardous activities and improvements, and other similar circumstances in accordance with the provisions of this Act.

The horizontal, vertical, and other similar clearance requirements that constitute the power line corridor shall be determined by the Board of Electrical Engineering and approved by the Department of Energy (DOE), and shall be in accordance with the current Philippine Electrical Code.

In case where the power line corridor is wholly or partially located within a private property not owned by the owner or operator of the power lines, it shall constitute a legal easement upon the private property in accordance with the relevant provisions under Book II, Title VII, Chapter 2 of the Civil Code, except if the owner or operator of the power lines shall acquire, lease, or enter into other gratuitous or onerous arrangement with the property owner. In the case of legal easement, the owner of the private property shall be compensated the proper easement fee pursuant to the provisions of the Civil Code and other relevant laws, rules, and regulations.
The second paragraph states that clearances are to be determined by the Board of Electrical Engineering and approved by the Department of Energy (DOE). I have searched for these, but have been unable to find them thus far. In the US, power companies have a lot of leeway in deciding what gets trimmed and I would presume that will be the case in the Philippines. This would include anything and everything that poses the potential to grow up into power lines, as well as anything that, regardless of how far it is horizontally, due to its height still poses a threat if it were to fall.

Section 6 describes what land owners are prohibited from doing in proximity to power lines:
Prohibited Acts. - It is hereby declared unlawful for any person, whether natural or juridical, public or private, to:
(a) Plant or cause to be planted tall growing plants, including plants of whatever kind, variety, or height within the power line corridor
(b) Construct or erect any hazardous improvements within the power line corridor;
(c) Conduct or perform any hazardous activities within the power line corridor;
(d) Prevent or refuse duly authorized agents of the owner or operator of power lines, entry to the property in the performance of acts enumerated under Section 7: Provided, that such entry is in accordance with the provisions of Section 8; and
(e) Perform other analogous acts or activities, which will impair the conveyance of electricity and cause damage to power lines
There have been cases in the Philippines where property owners purposefully planted fast growing tree directly beneath power lines knowing that this would eventually cause power disruption. When the inevitable power outage occurred the property owners would refuse to allow power companies onto the property to repair the lines. This activity has caused major and extended blackouts and is one of the main reasons for the law. 

Section 6 above specifically outlaws obstructive activities and Section 7 below provides power companies with the specific right to access the property and fix damaged power lines and equipment:
Prevention and Removal of Power Line Obstruction on Public Property or on Property Owned by Owner or Operator of Power Lines. – In cases where the power line corridor is wholly or partially located within public property or on property owned by the owner or operator of the power lines, the owner or operator of power lines shall have the right to enter the said property to prevent and remove any power line obstruction, and in particular, perform the following acts:
(a) To conduct maintenance and inspection activities
within the power line corridor;
(c) To conduct trimming, pruning, cutting, or clearing activities for tall growing plants within the power line corridor without securing prior clearance or permit from, but with due notice to, the Department of Environment and Natural Resources (DENR), Philippine Coconut Authority (PCA) in the case of coconut trees, the concerned local government units (LGUs), and other relevant government agencies;
Section 8 states that the property owner has a responsibility to prevent powers line obstructions and to enlist the assistance of the power company when necessary to prevent or clear obstructions. It also gives the power company the unilateral right to do so:
Prevention and Removal of Power Line Obstruction on Private Property. – The owner or operator of power lines shall have the primary duty and responsibility to remove power line obstructions. In cases where the power line corridor is wholly or partially located within a private property, the property owner shall coordinate and assist the owner or operator of the power lines by facilitating the necessary access in order to perform the acts enumerated in Section 7.
The property owner shall have the primary duty and responsibility to prevent power line obstructions and to inform the owner or operator of the power line of their existence. In the performance of these acts, the property owner shall be entitled to necessary assistance such as, but not limited to, education and information, and technical and manpower support from the owner or operator of power lines.
In the event that the property owner fails to perform any duty and responsibility under the preceding paragraphs, the owner or operator of the power lines shall have the right to access the power line corridor in order to undertake the acts enumerated under Section 7: Provided, That the entry to private property may only be effected after due notice to, and proper coordination with the property owner: Provided, however, That the foregoing shall no longer be required to avert an imminent danger posed by a power line obstruction in accordance with Article 432 of the Civil Code.
Earlier this year we were told by our local power co-op that it was the property owner's responsibility to clear trees that obstruct the service drop. Section 8 above appears to place this obligation jointly upon the property owner and the power company: "the property owner shall be entitled to necessary assistance such as, but not limited to... technical and manpower support from the owner or operator of power lines". 

Section 9 provides for government and police assistance for power companies to accomplish their necessary tasks in clearing power obstructions:
Assistance from Local Government Units, Philippine National Police, and Armed Forces of the Philippines. - In the performance of the acts under Sections 7 and 8, the owner or operator of the power lines may seek the assistance of LGU officials, the Philippine National Police (PNP), or the Armed Forces of the Philippines (AFP): Provided, That the LGU officials, the PNP, or the AFP shall render such assistance, as may be deemed necessary.
Section 12 removes legal consequences of cutting and removing all types of trees and other forest products in the course of complying with RA 11361:
Gathering, Collecting, Removing, and Transporting of Timber, Forest Products, and Coconut Lumber. - Gathering, collecting, removing, and transporting of timber, forest products, and coconut lumber as a result of acts performed under Sections 7 and 8 shall not be considered illegal acts: Provided, That due notice is given to the DENR, and the PCA in the case of coconut lumber, and other relevant government agencies.
The phrase "due notice" indicates that the above paragraph is not carte blanche. In a non-emergency situation it would seem that there is not much excuse for not getting the go-ahead from DENR and or PCA.
  
Section 15 describes penalties for violations of RA 11361:
Penalties. - Without prejudice to civil and administrative liability, the following penalties shall be imposed upon any person, both natural and juridical, found guilty of committing any of the prohibited acts specified in Section 6 of this Act:
(a) First Offense – the penalty of arresto mayor or a fine of Fifty thousand pesos (P50,000.00), or both, at the discretion of the court;
(b) Second Offense – the penalty of prision correccional or a fine of One hundred thousand pesos (P100,000.00), or both, at the discretion of the court; and
(c) Third Offense – the penalty of prision mayor or a fine of Two hundred thousand pesos (P200,000.00), or both, at the discretion of the court.
If the offenses are committed by or in conspiracy with an officer or employee of the owner or operator of the power line, such officer or employee shall suffer a penalty one (1)degree higher than the penalty provided herein.
The local building official who issued a building permit in violation of Section 14 of this Act shall be meted a penalty one (1) degree higher than the penalty provided herein and shall forthwith suffer the penalty of dismissal.
Obstructing major power lines has been a lucrative business, so I have been told. Hopefully, the passage of RA 11361 will make it less so.

Can You Pick The Fruit Of Overhanging Branches?


This information is again only my opinion, as a layperson. This is not legal advice. It appears to me that the law answers this question through Article 415, Paragraph 2 of REPUBLIC ACT NO. 386 THE CIVIL CODE OF THE PHILIPPINES
Immovable Property: Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable; 
From the above statement it is my opinion that you cannot pick the fruit in that, while it is attached to the tree it remains as the immovable property of your neighbor. It seems that if the fruit falls on its own that it is no longer growing, no longer attached and no longer an integral part of an immovable and therefore it becomes the property of the owner of the land upon which it falls. This seems to be a reasonable interpretation, however, I am not an attorney so you should talk with one of those about this.

That said, if you have a good relationship with your neighbor, then they will probably not mind you picking fruit from overhanging branches (ask first). However, if you do not have a good relationship, then it will be one more reason for bad blood between you.

The Bottom Line


There are some facts that I have not shared here concerning what you are allowed to cut down on your own property. I do not share this information because I want readers to talk to DENR. Your local DENR might have a different interpretation of what is and is not allowed.

In short, expat, before you do anything or ask anyone else to touch any plant or tree make an appointment to speak with DENR-CENRO where you live. Make certain that you have all required permits from the appropriate and applicable agencies. It is best to hire an experienced local to do your tree cutting. If they use a chainsaw, ask to see their chainsaw license and make a copy of it. If they do not have a license for their chainsaw FIND SOMEONE ELSE to do the work. The person you hire should sign a contract with a clause in it that they follow all applicable laws.

If you are an expat and you are looking for a place to live with your Filipino spouse, then consider the trees that are growing on the property and those that are growing on properties adjoining it. Will the trees growing on that property have to be removed for construction? Will the trees ever be a threat to neighboring properties, power lines or a public street? Will the trees on an adjoining property become a threat to your power line, buildings or anything else on the land that you are thinking about buying?

In some cases the trees do not come with the property when you buy it and must be purchased separately and perhaps the owner does want to sell them just yet (this actually happens).  If trees are or may become a big issue, then maybe it is best to look for another property. Maybe it would be better to get a condo in the city. Perhaps it might be a good idea to rent. It's up to you and your situation. Good luck with your decision.
 
The main point to understand and take away from this post is that trees are a very important constituent of the ancient cultural heritage of the Philippines. The roots of the trees go deeply into the roots of the people and the nation. 


When you come to live in the Philippines remember to take care how you treat the trees.
 

A great resource that details scores of Philippine trees and their uses can be found at malatumbaga.com.


If any of the links above for supporting documents are dead, then you may be able to locate the document that you want on our Documents Page.